STATE v. WILMORE

No. 39453.

224 N.W.2d 756 (1975)

192 Neb. 807

STATE of Nebraska, Appellee, v. Ernest WILMORE, Appellant.

Supreme Court of Nebraska.

January 2, 1975.


Attorney(s) appearing for the Case

Frank B. Morrison, Public Defender, Bennett G. Hornstein, Asst. Public Defender, Lynn R. Carey, Jr., Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON, and BRODKEY, JJ.


BRODKEY, Justice.

The appellant herein was charged with the possession of a controlled substance with the intent to distribute. Trial resulted in a jury verdict finding the appellant guilty as charged. During the trial, appellant's counsel had attempted to impeach a key witness for the prosecution by posing questions to him in reference to certain testimony given by that same witness at the preliminary hearing. Subsequently, the trial judge instructed the jury to...

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